Search for: "Standard Jury Instructions Criminal Cases"
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25 Apr 2007, 8:03 am
In the state case, the Supreme Court ruled that the Court of Criminal Appeals wrongly put up a new legal barrier to a death row inmate's challenge to jury instructions in his sentencing. [read post]
25 Apr 2007, 7:09 am
The Court reversed the Texas Court of Criminal Appeals' ruling that reinstated the death sentence of a Dallas man, LaRoyce Smith; the state court had applied a new harmless error standard under state law. [read post]
23 Apr 2007, 1:54 am
Categories Included: Corrections Law, Judiciary Law, Criminal Procedure Law. [read post]
20 Apr 2007, 1:05 am
Jury Finds Former N.Y. [read post]
18 Apr 2007, 1:13 pm
Whether the trial court committed reversible error in instructing the jury on impairment; and II. [read post]
16 Apr 2007, 1:13 pm
The Ninth Circuit, however, overturned his sentence, concluding that the exclusion of Richard Deal from the jury was not a reasonable application of Supreme Court precedent on the standards for jury selection in capital cases. [read post]
14 Apr 2007, 3:05 pm
The "standard of reasonableness ... is an objective one, ... [read post]
25 Mar 2007, 3:00 am
"There is no other criminal case receiving greater media coverage. [read post]
25 Mar 2007, 1:31 am
Somewhat surprisingly another case was empanelling a jury at 3:00, so I was called to another criminal department. [read post]
22 Mar 2007, 12:46 pm
He claimed that the prosecutor's argument that the jury should sentence Weaver to death to send a message to other criminals violated a requirement of individualized punishment. [read post]
22 Mar 2007, 11:36 am
"The district court stated that it would not rule on a duress instruction to the jury until after Appellants had testified, if they were willing to do so, and only if the court determined that Appellants met the standard for the submission of the charge to the jury. [read post]
20 Mar 2007, 4:13 pm
Finally, the prosecutor seemed to take ultimate responsibility for punishment away from the jury, stating that he "decide[s] in which cases we ask for the death penalty. [read post]
19 Mar 2007, 3:55 pm
"This may require new jury instruction, and I don't think the ultimate impact will change," Peck said. [read post]
12 Mar 2007, 2:09 am
The Court referred to cases which demonstrated the level of conduct the Court has previously found to deviate grossly from the standard of care of a reasonable person. [read post]
22 Feb 2007, 9:47 pm
That holding alone will likely invalidate dozens of state statutes and standard jury instructions. [read post]
20 Feb 2007, 7:32 pm
That sends Federal criminal law into a tail spin. [read post]
13 Feb 2007, 9:53 am
Prosecutors get to instruct the jury that the defendant can be guilty of securities fraud if they were willfully blind to the actions of others. [read post]
8 Feb 2007, 9:08 am
In both civil and criminal cases, the trial judge is the only person in a courtroom whose primary concern, indeed primary duty, is to ensure the selection of a fair and impartial jury. [read post]
7 Feb 2007, 9:10 am
Given the deferential standard of review we must give to discretionary evidentiary rulings, I believe Chief Judge Kirsch's opinion in Washington was the more appropriate resolution to the issue in that case. [read post]
31 Jan 2007, 9:47 am
That said, I'm pretty darn positive that a jury -- and, in particular, this jury -- knows full well that a defendant in a criminal case can be convicted only when there's no reasonable doubt. [read post]
